After-acquired Evidence

    The new evidence found after firing an employee and misconduct during the employment period that leads to termination is known as after-acquired evidence.  

    In a lawsuit alleging discrimination, an employer may present after-acquired evidence unavailable during the earlier investigation or trial—that would have enabled the employer to justify the employee’s termination. For example, suppose an employer learned that an employee falsified information on his job application. In that case, this could provide a legitimate cause for termination and limit the number of damages in a subsequent lawsuit. 

    3 Reasons “After-acquired Evidence” Defense Can Help Against Employment Discrimination Complaints: 

    1. limits the number of damages you can seek in your lawsuit. 
    2. An employer may review work history for convictions and infractions. 
    3. The defense can help an employer to win the case. 
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